Item P12 P.12
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: P.12
Agenda Item Summary #6014
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block
6, Lot 21, Cahill Pines and Palms (PB 3-94) with parcel number 00244880-000000 and a purchase
price of$64,500 for density reduction purposes.
ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 438-2018 (the
Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the
County's potential liability for takings suits.
The subject property consists of a 6,000 square foot canal lot on Lobstertail Road on the ocean side
of Big Pine Key near mile marker 30. The property is designated Tier 3 — Infill Area and is zoned
Improved Subdivision. The property is a pea rock lot with a mangrove fringe and no accessory
structures other than a fence.
The Planning and Environmental Resources Department has confirmed the property has the potential
to be developed with one dwelling unit and the Land Authority has prepared and negotiated the
proposed purchase contract on behalf of the BOCC. The property owner has agreed to retire the
development rights for dwelling units and detached habitable space on the property. The purchase
price for this less than fee interest is $64,500, which is the 2018 market land value indicated on the
Monroe County Property Appraiser's website. The estimated closing costs for this transaction will
be approximately $1,250.
Once the proposed transaction closes, the Sellers will continue to own the lot and may use it in
conjuction with their existing house on their adjoining parcel but will be precluded from developing
the lot with a dwelling unit or other detached habitatable space.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases.
CONTRACT/AGREEMENT CHANGES:
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P.12
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED EXECUTED BurnsContract 9 3 19
BurnsMCPAData
FINANCIAL IMPACT:
Effective Date: September 18, 2019
Expiration Date: None
Total Dollar Value of Contract: $64,500.00 plus estimated closing costs of$1,250.00
Total Cost to County: $65,750.00
Current Year Portion: $65,750.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: $64,500.00 plus closing costs estimated to be approximately $1,250.00
None
09/18/19 NEW COST CENTER ADDED $65,750.00
REVIEWED BY:
Charles Pattison Completed 08/29/2019 2:41 PM
Paunece Scull Completed 08/29/2019 3:11 PM
Budget and Finance Completed 09/03/2019 12:14 PM
Maria Slavik Completed 09/03/2019 1:10 PM
Kathy Peters Completed 09/03/2019 1:27 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE HASE OF LESS THAN FEE INTEREST IN LANDS
THIS is made and enteredinto this y of 2019, by W
and between U_
Allan S.
Burns, III, also known as Allan Henry Burns III and
Susan Bums, also known as Susan Haynes Burns
(hereinafter " I "), for themselves, their heirs, executors, successors
assigns, and MONROE COUNTY, FLORIDA(hereinafter" "}.
WITNESSETH-
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1. The Seller(s) represent they are the owners of the followingparcel (hereinafter "Primary rc I")
thereunto belonging, them, it t lying in the County of Monroe, Statef Florida,
that is currently developed withresidential dweIli it and is moreparticularly ci
follows; to-wit:
Block 6, Lot 7 Cahill Pines and Palms(
RE#00244870400000
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T (s) represent they areI the ownersthe followingparcel (hereinafter "Secondary
Parcel") thereunto belonging, y them, situatelying in the County of Monroe, State of
Florida, that borders the Primaryc is currently not dev 1 Nth a residential dwelling
it or any other habitable space and is more particularlydescribed s follows-, to-wit.
Block 6, Lot x Cahill,Pines and Palms(PS 3-94)
RE#00244880-000000
2. In considerationf Ten Dollars ( 1 ) in hand, paid by the COUNTY, the receipt Nc i
herebyc l " the Seller(s) r to sell to the COUNTY certain propertyrights
associatedit the SecondaryParcel owned by Seller, upon the terms and conditions r i ft
setf for t lc f $64,600.00. The Seller(s) c v t to surrender, release, relinquish
and transfer ll of the Seller(s)sproperty rights to develop:
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} residential Ili it , and
} accessory structuresr i i t c habitable
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(hereinafter collectively"Less.Than Fee tnt re '} on the Secondary Parcel. F
3. The Seller(s) agree that they have full right, power and authorityto convey, and that they will
convey to the COUNTY the Less Than Fee Interest and will simultaneously unifytitle of the
servient estate of the Secondaryr i the Primary Parcel, subject to the followingconditions U
and obligations-
The COUNTY, at t " shall have a title report commissioned to allow the W
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COUNTY r its agent to examinerecord it of the ownershipencumbrances )
affectingtitle c 1. The COUNTY may, at its optioni the timepermitted
for i ti f title, have the SecondaryParcel surveyed i y a registeredIc i s
surveyor. If the survey or 0 & E report discloseencroachments the SecondaryParcel or the
existence f improvements located thereon, r any other restrictions, tr covenants, liens,
transfers V I f rights, or applicable governmentalr 1acceptable to
the COUNTY, the same shall constitute a title
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The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to W
examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion W
of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing U_
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specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s).
The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore, (n
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including the bringing of necessary suits, failing which the COUNTY shall have the option of either W
accepting the title as it then is or rescinding the Agreement herein.
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4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property
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rights associated with the Less Than Fee Interest may be diminished or encumbered while this
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Agreement is pending. In the event any such diminution, encumbrance or other impairment E
occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
Interest.
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5. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including
examination of the Secondary Parcel and the resources upon it. Nothing herein shall be
construed to constitute an acceptance of any existing or future code or building violation on the
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s)
hereby waive their rights to any and all claims against the COUNTY or the State of Florida
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associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive
closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the M
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
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a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
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7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee U)
Interest at the price of $64,500.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be
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surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
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price, less any costs of closing payable by Seller, as set forth below. U
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than W
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, 0 & E report W
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
described above shall pass to the COUNTY as of the date payment is made to the Seller(s) (n
subject only to the reservations stated in Section 2 above.
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8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the
County at the date the Less Than Fee Interest vests of record in the COUNTY.
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9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be givers to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
t the followingaddress:
PO Box 430663
Big Pine , FL 33043
shalland be effectivet f emailing or mailingshall be bindingall of the W
Seller(s) without sending a separate notic to each, except as such li ti Y be affected by
e provisions of Section 6 herein.
° The effectivet f this Agreement shall be that date when the last one f the Seller(s) and the
COUNTY has signed is Agreement.
1 . If the Seller(s) wishes to proceedit this transaction, the Seller(s) have until August 20, 2019 to
sign return this r nt to the COUNTY. This Agreement may be executedin
counterparts. it s i r isi of this Agreement to the contrary, the obligationof
closing this transaction is contingent y the MonroeCounty Board of County
Commissioners, failing is the COUNTY and the Seller(s) shall release t r of all
further obligations under this Agreement.
IN WITNESS , the Seller(s) have hereuntosigned their names and affixedtheir respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten 0
Dollars ( 1 ) hereinabove acknowledges received, have and do her y grant unto the COUNTY
or its authorized representative, t any other officer agent of the COUNTY authorizedto purchase
said Less Than Fee Interest i land, the optioni t to enterit this Agreementfr Purchase
within ninety days from the executionthereof y the Seller(s), and to purchase the Less Than
Fee Interest s herein provided, providing said rc s is duly approved by the MonroeCounty
Board f County Commissioners.
II r� a rns, III, also known as Allan Henry Burns III
8116VI 365-313- 376f
i rDate Phone Number Email Address
Seller/Susan Burns, also known as Susan Haynes Burns
�s
Signature Dt r Email Address
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Buyer/COUNTY: MONROE COUNTY, FLORIDA W
KEVIN MADOK, CPA, Clerk
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By-
Deputy Clerk SylviaMurphy, Mayor
(Seal)
Date: M QE COUNTY ATT R OFFICI
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00244880-000000
Account# 1312789
Property ID 1312789 �����
Millage Group 100H ,
Location Address VACANT LAN LOBSTERTAIL Rd,BIG PINE KEY �� ,%� ILL.
Legal Description BK 6 LT 21 CAHILL PINES&PALMS BIG PINE KEY PB3-94OR487-320 OR688-889 OR857-1401
OR1156-11 OR1455-1993/94 OR1475-2317 "
(II:I Cu h, a red on I,NCI docuri 71 nCs) �
Neighborhood 545
Property Class VACANT RES(0000)
Subdivision CAHILL PINESAND PALMS r
Sec/Twp/Rng 26/66/29 �
,+W Wr�Ylt ✓ �(r f T+V n a r wrp�k eu
Affordable No �r � ��i���j/� ��ii%ll ixroyiiii%/��i i ri%
/y�/i/ �/� �i//
Housing
Owner U)
BURNS III AI...I.AN S BUR.NSSUSAN M
PO Box 430663 PO Box 430663
Big Pine Key FL 33043 Big Pine Key FL 33043
Valuation
2018 2017 2016 2015 U)
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $2,890 $2,950 $3,070 $2,733
+ Market Land Value $64,500 $46,500 $42,000 $27,000
= Just Market Value $67,390 $49,450 $45,070 $29,733
= Total Assessed Value $33,126 $30,115 $27,377 $24,889
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $67,390 $49,450 $45,070 $29,733
0
Land
Land Use Number of Units Unit Type Frontage Depth
19
RES PLUGGED CANAL UNPERMITTED(01PCM) 6,000.00 Square Foot 60 100 0
0
Yard Items 6-3
Description Year Built Roll Year Quantity Units Grade
WROUGHT IRON 2006 2006 1 300SF 1
Sales
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Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacantor Improved
9/1/1997 $15,500 Warranty Deed 1475 2317 Q-Qualified Vacant U)
2/1/1997 $8,500 Warranty Deed 1455 1993 K-Unqualified Vacant
12/1/1990 $15,500 Warranty Deed 1156 0011 Q-Qualified Vacant
6/1/1982 $13,500 Warranty Deed 857 1401 Q-Qualified Vacant ..
2/1/1976 $4,000 Conversion Code 688 889 Q-Qualified Vacant
View Tax Info
Photos
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